Harlands Recovery

[accesspwd]

Immediate help required please guys...

 

I joined a gym on 05-04-09. Now when i joine they were promoting the rest of the month free and no joining fee.

 

When i joined they then asked me for a £15 admin fee. I said thats there was for gaining on waiving the joining fee.

 

so, I knew i wasnt going to pay the admin fee so gave a card that wouldnt have the money in to take the money.

 

So the £15 failed and the sales lady told me to go back the next day to complete my membership, i never, ever went back.

 

Afew weeks later i received a letter from Harlands mentioning about taking a Direct Debit. I cancelled it straight away and phoned them to say i never went back to complete the membership. They said they have a signed contract so the contract stands.

 

Heres where it gets stressing, I went into the gym and sat down with the head manager who got my contract out of a filling cabinet, The customer copy still attached (so i didnt get a copy) and also signed (by me)

 

He said the contract stands, The sales lady wrote on the top of the contract that i need to pay the £15 admin fee.

 

Does this contract stand? I have never used the gym, never paid a penny, and never had a copy of my contract.

 

DOES THIS STAND?

 

Please help

[accesspwd]

I also took a photo of the maager holding both his part and customer copy of the contract so show i never received my part

[PGH7447]

I would say that you never completed the transaction so no it does not stand

[accesspwd]

Thanks, Anyone else have views?

 

Or an breif example on how i can write back to defend myself?

 

Thanks

[PGH7447]

Dear fool

 

The membership stated a free joining fee and a £15 admin charge, I never paid the admin charge therefore the membership procedure was not completed per your terms and conditions therefore there is no case to answer.

 

Also note I have never used your gym or any of its facilities, and I do not intend to pay for something I have never used.

 

I totally refute any alledged debt to your gym or any other organisation you may represent.

 

I now consider this matter closed, however if you wish to procedd further I will be quite prepared to vigourously defend these allegeations in court.

 

---------

 

I would also check your credit file to make sure they have not added any defaults etc and if they have get them removed

[accesspwd]

Dear fool

 

The membership stated a free joining fee and a £15 admin charge, I never paid the admin charge therefore the membership procedure was not completed per your terms and conditions therefore there is no case to answer.

 

Also note I have never used your gym or any of its facilities, and I do not intend to pay for something I have never used.

 

I totally refute any alledged debt to your gym or any other organisation you may represent.

 

I now consider this matter closed, however if you wish to procedd further I will be quite prepared to vigourously defend these allegeations in court.

 

---------

 

I would also check your credit file to make sure they have not added any defaults etc and if they have get them removed

 

 

Your a legend. Il be straight on it.

 

Fingers crossed that they get it through there skulls.

 

Fair play, this site is very usefull and it kind of gets abit of steam off

[accesspwd]

Does anyone else have any views on this?

 

Cheers

[accesspwd]

This has been passed to a DCA, Credit Solutions.

 

I got the letter from them today.

 

Can Harlands do this as i have disputed there response?

 

Thanks

[PGH7447]

no they cant but they have so send the pondlife dca this letter

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully